scholarly journals Reflections About the Administrative Process in Modern Russia

2021 ◽  
Vol 18 (3) ◽  
pp. 277-291
Author(s):  
A. A. Grishkovets
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Russian Federation ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Justice

The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.

scholarly journals Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings

2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
Judicial Protection

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

scholarly journals The Intersection of Traditional and Modern Terminology as a Barrier in Understanding the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 292-300
Author(s):  
V. A. Zyuzin
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Foreign Countries ◽  
Starting Point ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings

At present, in connection with the constitutional reform carried out in the Russian Federation, the process of reconciliation of the basic categories of administrative law with the Constitution is actively underway. In parallel, in the scientific community of specialists in administrative law and process, there has long been a request for the harmonization of views and concepts for the formation of modern administrative procedural legislation. Such a serious scientific task can be successfully solved only by relying on the letter and spirit of the country's fundamental law as the only indisputable starting point for doctrinal provisions. The catalyst for many years of discussion about the boundaries and essence of the administrative process was the adoption in 2015 of the Code of Administrative Proceedings of the Russian Federation. After the enactment of this code in scientific circulation, the categories of “judicial administrative law” and “judicial administrative process” are actively used, which brings the domestic doctrine closer to the theory of developed foreign countries. However, even in the absence of a law in Russia that defines the legal foundations of an extrajudicial administrative process, one should not forget that the majority of modern representatives of science recognize the existence of an extrajudicial administrative process in the Russian Federation. We are talking about the widest range of administrative cases - about the activities of administrative-public bodies to resolve administrative matters under their jurisdiction, both of a regulatory and protective nature, controversial and indisputable. In this situation, we believe that it is required to conduct a scientific analysis of the terminology used in Russia to study the essence of the administrative process. The article makes an attempt, taking into account foreign and domestic doctrine, to study numerous definitions for suitability for the formation of a uniform understanding of the administrative process in the Russian Federation. The work, in particular, explores the understanding of public administration and administrative justice, compares the content of the terms “administrative jurisdiction” and “administrative procedures” in Russia and in foreign countries. Based on the results of the analysis, it is concluded that the least controversy is caused by the use of the term “administrative proceedings” in relation to out-of-court proceedings and “administrative proceedings” to the judicial trial hearings.

scholarly journals ORIGIN AND FORMATION OF THE IDEA OF ADMINISTRATIVE JUSTICE. HISTORICAL ASPECT

2021 ◽  
Vol 31 (6) ◽  
pp. 1041-1046
Author(s):  
V.V. Antonov ◽  
N.G. Yakusheva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Executive Power ◽  
Historical Aspect ◽  
Administrative Procedure ◽  
Management Processes ◽  
Science In Russia ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Administrative Justice

The reform of all branches of government in the Russian Federation is caused by the need to implement the idea of building a rule-of-law state and increase the effectiveness of the fight against corruption and arbitrariness of all branches of government. Improving the mechanism of functioning of the executive power both at the federal and regional levels, increasing the responsibility of officials for the decisions taken should have a legal basis. The article considers the historical aspect of the emergence and formation of the concept of “administrative justice”, “administrative courts”, “administrative proceedings”. The problem has a long history: starting with the emergence of the idea itself in France and Germany, continued by research in the field of administrative and legal science in Russia. The views of scientists on the problems of the formation and functioning of administrative justice in the Russian Federation at different historical stages of the development of society and depending on the political and state structure are given. The necessity of improving legislation in the light of the decisions taken related to the establishment of administrative justice in the Russian Federation, the adoption of the Code of Administrative Procedure of the Russian Federation is emphasized. The dynamics of the processes taking place in Russia related to the formation of administrative justice is investigated. The role of administrative justice and its influence on management processes in the state are considered. The authors noted the importance of administrative justice in the process of solving the problem of combating corruption by the state and society in all spheres of life of society and the state.

scholarly journals Public administration in Russia as a subject of administrative procedure

2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Integrative Approach ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
The Public ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.

scholarly journals Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 350-358
Author(s):  
S. A. Poryvaev
Keyword(s):  
Russian Federation ◽  
Research Paper ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Positive Elements ◽  
Modern Development ◽  
The Russian Federation ◽  
Administrative Proceedings

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.

scholarly journals Several Theses in Support of an Integrative Understanding of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 328-338
Author(s):  
P. I. Kononov
Keyword(s):  
Russian Federation ◽  
Executive Power ◽  
Legal Cases ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Legal Enforcement ◽  
Close Relationship ◽  
The Russian Federation ◽  
Meaningful Category ◽  
Administrative Proceedings

An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation of the norms of the Constitution of the Russian Federation, the article shows that each of the three branches of state power: legislative, executive and judicial, has its own procedural form of functioning. Such a procedural form of exercising executive power, according to the Author, is an extrajudicial (executive) administrative process. Examples are given that show the existence of a common algorithm for resolving administrative cases by both administrative-public bodies and courts, which indicates a single procedural nature of the corresponding types of judicial and extrajudicial activities and the absence of fundamental differences between them. The conclusion is substantiated that the legal enforcement process is the activity of the competent authorities to resolve any categories of individual legal cases, and the legal procedural procedure is the procedure for carrying out such activities, in connection with which they are related to each other as content and form. The Author concludes that the law enforcement process carried out by public administrative bodies, both positive and jurisdictional, can be characterized as an administrative process and is not, in contrast to administrative proceedings, a kind of administrative procedure. Administrative proceedings are considered as a meaningful category of executive administrative process, namely, as an activity for the consistent, stage-by-stage resolution of an administrative case. The close relationship and interdependence of executive and judicial administrative processes are shown, the presence of which indicates that these two types of process are constituent parts of a single whole - the administrative process as a general procedural category, in connection with which it is possible to properly construct and systematize the administrative procedural legislation of the Russian Federation.

scholarly journals Procedure in the cases of administrative offenses within the system of administrative law

2019 ◽  
pp. 22-29
Author(s):  
Evgeniya Sergeevna Izyumova
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Scientific Article ◽  
Administrative Process ◽  
Common Part ◽  
Special Part ◽  
The Russian Federation ◽  
Definition Of ◽  
Administrative Proceedings

The relevance of this scientific article is substantiated by the process of reform of the administrative procedural legislation of the Russian Federation. The goal of this work is to determine the place of procedure in the cases of administrative offenses within the system of administrative law. The author studies approaches towards the understanding of the system of administrative law, and explores the main perspectives on the definition of the administrative process, its structure and the place within for the procedure on cases of administrative offenses. The work also deals with the question of the correlation of administrative proceedings and procedure on cases of administrative offenses. A conclusion is made that in both the procedure on cases of administrative offenses is a part of administrative proceedings. A proposal is made on improving the administrative procedural legislation in order to ensure clarity in the question of correlation of “administrative proceedings” and “procedure in the cases of administrative offenses” by passing a codified legislation with highlighting separate chapters in the special part for judicial and non-judicial authorities with a unified common part.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

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